International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

Covers all aspects of extradition to and from the United States, while making critical, theoretical, and practical evaluations of these aspects, and proposing alternatives
Focuses on the rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law
Constructs a historical framework of extradition practices in the United States
Provides substantive requirements and the grounds of the denial of extradition as well as trial procedures
Discusses the increasing use of non-extradition (unlawful seizure/rendition and immigration)

International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

Description

This comprehensive guide covers all aspects of extradition to and from the United States, while making critical, theoretical, and practical evaluations of these aspects, and proposing alternatives. The rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law form the conceptual framework of this book. The focus within U.S. practice explores the essentials involved in the executive branches treaty-making power, as implemented through its foreign relations practice, and as scrutinized by the judiciary.

The Sixth Edition updates the treaties, laws, and cases cited with new content, including comparative material dealing with the European Union, cases involving the United States decided by other countries, and major decisions of the high courts of the UK, Canada, France, South Africa, Australia, Israel, Italy, and Germany. As with the prior editions, the Sixth Edition continues to expose certain questionable practices of the United States with regards to extradition.

International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

Acknowledgments
List of Abbreviations
Introduction
Chapter I. The Legal Framework of Extradition in International Law and Practice
Chapter II-Legal Bases for Extradition in the United States
Chapter III-Asylum and Extradition
Chapter IV-Disguised Extradition: The Use of Immigration Laws as Alternatives to Extradition
Chapter V- Abduction and Unlawful Seizure as Alternatives To Extradition
Chapter VI-Theories of Jurisdiction and Their Application 557
Chapter VII-Substantive Requirements: Dual Criminality, Extraditable Offenses, Specialty, and Non-Inquiry
Chapter VIII-Denial of Extradition: Defenses, Exceptions, Exemptions, and Exclusions
Chapter IX-Pre-Trial Proceedings
Chapter X-The Extradition Hearing
Chapter XI-The Review Process and Executive Discretion
Chapter XII-Surrender and Miscellaneous Matters
Appendix I-Multilateral Conventions Containing Provisions on Extradition
Appendix II-Regional Multilateral Conventions
Appendix III-Bilateral Extradition Treaties of the United States
Appendix IV-Countries with Which the United States Has No Bilateral Extradition Treaty
Appendix V-Countries with which the United States has signed an agreement not to surrender its citizens to the International Criminal Court
Appendix VI-United States Legislation Applicable to Extradition
Appendix VII-United States Attorneys' Manual, Chapter 15
Appendix VIII-Content Analysis of Bilateral Extradition Treaties
Table of Authorities
Table of Cases
Subject Index

International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

Author Information

M. Cherif Bassiouni, Emeritus Distinguished Research Professor of Law, DePaul University College of Law

M. Cherif Bassiouni is Emeritus Professor of Law at DePaul University where he taught from 1964-2012, where he was a founding member of the International Human Rights Law Institute (established in 1990), and served as President from 1990-1997, and then President Emeritus. In 1972, he was one of the founders of the International Institute of Higher Studies in Criminal Sciences (ISISC) located in Siracusa, Italy, where he served as Dean from 1972-1989 and then as President to date. He also served as the Secretary General of the International Association of Penal Law from 1974-1989, and as President for three five-year terms from 1989-2004 when he was elected Honorary President.

International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

From Our Blog

Is Amanda Knox extraditable from the United States to Italy?

The Amanda Knox case is complex in view of Italy's complicated procedure in matters involving serious crimes. These crimes are tried before a special court called the Court of Assizes. These courts have two professional judges and six lay judges, much like a jury in Anglo-American cases.

Posted on April 4, 2014

Read the blog post